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Magistrate orders permit to repair or demolish unsafe accessory structure at 717 Groveland Ave

January 08, 2025 | Venice, Sarasota County, Florida


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Magistrate orders permit to repair or demolish unsafe accessory structure at 717 Groveland Ave
A Venice special magistrate ruled that the accessory structure at 717 Groveland Avenue is in violation of city property-maintenance rules and ordered owner Arthur J. McCaffrey to obtain a permit to either repair or demolish the structure by March 4, 2025. The matter will be reviewed at the March 5, 2025 special magistrate hearing to assess compliance and potential fines.

Community Resource Officer and Certified Code Enforcement Officer Wilberto Acosta testified that he inspected 717 Groveland on July 23, 2024 and returned with the building official and the owner for an on-site inspection on August 23, 2024. Acosta described open holes in the roof, wood rot, displaced walls and dangling material; he introduced photographs into evidence as City Composite Exhibit 1 for 717.

Derek Applegate, the city building official, testified that he inspected the property and “deemed it structurally unsound.” Applegate explained the structure had been modified over time, includes disparate materials and lacks adequate attachments tying walls and roof together; he said remediation would require engineered drawings or demolition. He also confirmed an unsafe-structure investigation had been opened and later dismissed administratively in favor of the magistrate process.

The magistrate found McCaffrey in violation of Chapter 88 (Building Regulations), section 3.2, and ordered that a permit to repair or demolish be obtained by March 4, 2025. If the violation is not corrected, fines up to $250 per day may be imposed; the case will be reviewed March 5, 2025 at 10 a.m.

McCaffrey told the hearing he has been trying to engage contractors since hurricane damage beginning in 2022, has an insurance claim on the garage, and would prefer to hire a design professional to produce plans; Applegate said a design professional’s drawings could provide a path to repair. Applegate also said owner-performed work is restricted by Florida statute if the property is not the owner’s primary residence and the property is owned by an LLC.

Ending — The magistrate closed the 717 Groveland matter after issuing the order and scheduled a compliance review for March 5, 2025.

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